Circular No. 40/2025/TT-BYT Fully Replaces Circular No. 07/2024/TT-BYT Dated May 17, 2024

The Ministry of Health has just issued Circular No. 40/2025/TT-BYT, which completely replaces Circular No. 07/2024/TT-BYT dated May 17, 2024, ensuring consistency and alignment with the updated legal framework on drug procurement.

Ensuring drug supply at healthcare facilities.

This Circular regulates the bidding process for chemical drugs, radiopharmaceuticals, markers, vaccines, biological products, herbal medicines, traditional medicines, medicinal herbs, traditional medicinal ingredients, and medical gases that are registered as drugs for use in medical examination and treatment.

This Circular does not apply to:

• Drug purchases ordered or assigned by the State in accordance with Decree No. 32/2019/NĐ-CP.
• Drug purchases for medical examination and treatment at military medical units, agency health units, detention facilities, and compulsory drug rehabilitation centers under the armed forces.
• Purchases of whole blood and standard blood products, which are implemented under Circular No. 15/2023/TT-BYT.

Drug procurement activities using non-state budget funds by public service units that are financially autonomous (Group 1 and Group 2 units) shall be carried out in accordance with Law No. 90/2025/QH15, unless the unit chooses to apply the drug procurement regulations under this Circular.

Pharmacist organizing medicine in storage.

According to the Ministry of Health, the key amendments in this Circular are expected to resolve legal obstacles and ensure a sufficient supply of medicines for medical examination and treatment at public healthcare facilities.

Strengthening Legal Foundations and Filling Regulatory Gaps

Circular No. 40/2025/TT-BYT is built upon the latest legal framework, including Law No. 90/2025/QH15, Law No. 57/2024/QH15, and Decree No. 214/2025/NĐ-CP. These updates enhance the legal validity and consistency of drug procurement regulations.

Clearer Scope, Applicable Entities, and Approval Authority

The new Circular provides comprehensive and detailed regulations on the types of drugs subject to bidding within the public healthcare system. Notably, it clarifies the scope of application for drug procurement activities funded by non-state budget sources of autonomous public service units (Group 1 and Group 2).

Updated Regulations on Drug Package Classification

The regulations on the classification of drug bidding packages are inherited from Circular No. 07/2024/TT-BYT, and have been updated to ensure consistency with the latest regulations on drug registration and quality management.

Amended Provisions for Traditional Medicine Procurement

Circular No. 40 also adds provisions for cases where traditional medicines, herbal ingredients, or medicinal herbs change during the bidding process or supply. It revises regulations to align with Law No. 44/2024/QH15 on Pharmacy.

Improving the Centralized Procurement Mechanism

National and local centralized procurement units are now assigned the responsibility to approve contractor selection plans. The coordination mechanism between the Ministry of Health and provincial Departments of Health in cases where bidding efforts fail is now clearly defined.

The Ministry of Health expects that the issuance of Circular No. 40/2025/TT-BYT is both necessary and timely to ensure continuity in drug supply and to minimize the risk of drug shortages in public hospitals.